Common use of Perpetuity Clause in Contracts

Perpetuity. 1) The Subrecipient agrees the Project is being acquired or developed with Land and Water Conservation Fund assistance and shall be maintained in perpetuity for public outdoor recreation. If Subrecipient removes the Project from outdoor public recreation either through the sale of the project area or a conversion to a non-outdoor public recreation, the Subrecipient acknowledges it is responsible for all costs associated with the replacement of the converted Project area and the subsequent construction of a new facility. Any replacement of the Project, in whole or in part, must be completed in compliance with the Manual and the Act. All conversion/replacement processes must be coordinated through and with the approval of the Department and NPS. 2) The Department shall approve such conversion only if it is in accord with the then existing State Comprehensive Outdoor Recreation Plan and only upon such conditions as deemed necessary to assure the substitution of other recreation properties of at least equal fair market value and of reasonable equivalent usefulness and location pursuant to Title 36 Part 59.3 of the Code of Federal Regulations. This replacement becomes subject to Section 6(f)(3)